Revolutionary War Pension and Bounty Land Warrant Application File S. 31028, Daniel Fitzjarrell, Va.

SERVICE
NUMBER
Wa
Fitzjarrell Daniel Fitzgerald or
S 31028
CONTENTS

23307
Kentucky
Daniel Fitzgerald of Franklin the State of Kentucky who was a private in the com commanded by Captain Finley of the reg t commanded by Col. Matthews in the Virginia line for 14 months
Inscribed on the Roll of Kentucky at the rate of 46 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of Jan y 1834 and No 10 116 Johnson 1116
Arrears to the 4th of Sept r 116.67 Semi-ant. allowance ending 4th March 93 33 $140 00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk, Book 6 Vol. 7 Page 9

Daniel Fitzgeraldo Kentucky
Jan 1779 Pm 14 mth 46 \frac{66}{100}
ca only allow for 16 m
cred. of witness not certified.
H. or R. M. Johnson
care of A. H. Bennett Esq
Frankfort, Ken

WAR DEPARTMENT,
Pension Office.
June 7 th 1833
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Daniel Fitzgerald
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     June 1779 1 4 Col. Matthew's regt. Wagon dept. 76 yrs of age Rockingham Co. Va. Cert. e of James Fitzgerald   July 1781 2 2 Col. Cole's regt.  
(see page 3-)
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
To W m Dan l Fitzgerald care of J. D. Carter, Esq r
Present

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction..
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____; For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Handwritten notes: H. H. [unclear] March 1st 1832

State of Kentucky Franklin County set
On this 15 th day of April 1833 personally appeared in open court before Lewis R. McKeyer Edward S. Coleman David Wath John M c Kee Samuel B. Crockett James Shannon John Thompson
Justices of Franklin County now sitting Daniel Fitzgerald aged Seventy Six years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the Service of the United States under the following named officers and served as herein stated took, I enlisted in Capt James Finleys Company for twelve months, which enlistment was in the latter part of June 1779. And Col. Matthew commanded the Regiment I was attached to which belonged to the Virginia State line, And I was attached to the Waggan Service, sometimes as a guard and sometimes I drove (not under a Special Contract but as a soldier) and in this Service I was marched to Philadelphia from thence through New Jersey and New York until we reached Stoney Point when we crossed the north river and marched down in the State of New York and I was discharged at the expiration of my term of my Service at or near New Jersey, and that after being discharged, I immediately volunteered under a Capt Quailly who belonged to the Waggondpartment for four months, when I volunteered this last time I was marched into some of the New England States which of the states I do not know to collect, and when my term of Service was out I was discharged at Wistham (near Richmond) - And I again in the month of July 1781 substituted for Martin Wells in a Company in Major Boyces Battallion in Col l Cootes Regiment for two months (The Captains name I have forgotten) and marched to near Richmond to guard the country against Lord Cornwallis, who had invaded Virginia and was in the battle at Hot Water near Jamestown and

I was discharged at Westham near Richmond a few days before Lord Cornwallis was taken - I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the pension Roll of the agency of any state, - where and in what year were you born, I was born in the state of Virginia in Orange County in the year 1757. - Have you any record of your age and if so where is it, I have no record of my age - Where were you living when called into service where have you lived since the revolutionary war & where do you now live, When called into service I lived Rockingham County Virginia from their Fork to Augusta Virginia from there to the state of Kentucky and have lived in Franklin County Kentucky for the last seventeen years where I now live - How were you called into service were you drafted did you volunteer or were you a substitute and if a substitute for whom, Answer first I enlisted for twelve months, second I volunteered for four months thirdly I was a substitute for Martin Wells for two months State the names of some of the Regular Officers who were with the troops where you served such Continental and Militia Regiments as you can recollect the general Circumstances of your service, Answer I do not recollect any other officers more than I have before named, Did you ever receive a discharge from the service if so by whom was it given and what has become of it, I got a discharge from Capt Patrick Quigley for the year & four months, and in an engagement we had at Keokuk water near James town where we had to retreat & being surrounded, I threw it away thinking that if I was taken prisoner that would make against for the British to find my discharge with me State the names of persons to whom you are known in your present neighborhood and who can testify as to your character for veracity & good behavior, your

Services as a Soldier of the revolution In answer to the above William Hickeman Jr a minister of the Baptist denomination & William Heall they and being my neighbors are well acquainted with me I sworn to in open Court that I subscribed the day & year first herein before written
Daniel Fitz Furrell DF
We William Hickeman Jr a clergyman, residing in Franklin County State of Kentucky and Wm Hall residing in (the same) hereby Certify, that we are well acquainted with Daniel Fitzgerald who has subscribed & sworn to the above declaration, that we believe him to be Seventy Six years of age, that he is reputed & believed, in the neighborhood where he resides, to have been a Soldier of the revolution and that we concur in that opinion. I sworn to and subscribed the day and year aforesaid in open Court. W Hickeman Jr Wm Hall
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrog- atories prescribed by the War Department, that the above named applicant was a revolutionary Soldier and served as he states, And the Court further Certifies that it appears to them that William Hickeman Jr who has signed the preceding Certificate, is a Clergyman resident in the County of Franklin State aforesaid and that William Hall who has also signed the same are residents in the County State aforesaid and is a credible person and that their statements is entitled to credit
I Alexander H Kennett Clerk of the Court of Franklin County do Certify that the foregoing contains the Original proceedings in the matter of

of the application of Daniel Fitzgerald for a pension In Testimony whereof I have hereto set my hand and Seal of Office this 15 day of
April 1833
A. H. Kennicott

31028 Ray INVALID.
File No. 31,028
Daniel Fitzgerald Per Rev. Rev.
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 188
[Arrangement of 1870.]

State of Indiana, set Gebrun County } Be it known that on the 26 th day of June A.D. 1832 personally came before me the undersigned a Justice of the Peace in and for said County James Fitzgerald of lawful age who made oath agreeably to law that he is acquainted with Daniel Fitzgerald of Franklin County Ky. and that the said Daniel Fitzgerald enlisted in the army of the Revolutionary in the United States Service in Staunton Augusta County Virginia in June or July in year 1780 or 1779 in a company commanded by Capt. Finley for the term of one year and he firmly believes the said Daniel did serve his time out for he did not return to his home for nearly or quite Eighteen months after his enlistment, and further that said Daniel after his return served some time in the Militia of Virginia & further this deponent saith not. Subscribed & sworn to before James Fitzgarrill in the acts above written. M.H. Nelson J.P. Lead

State of Indiana } Gibson County } 3
I John I. Kelly Clerk of the Gibson Circuit Court do certify that Michael H. Milton whose name and official seal is affixed to the within affidavit is and was at the time of signing the same an acting Justice of the peace in and for the County of State of Ind. duly commissioned and qualified as such; and due faith is and ought to be given to all his official acts
In testimony whereof I have signed my name and affixed the Seal of my office at Evansville This 26 th day of June A.D. 1832.
John I. Kelly Clerk

State of Indiana } Set of Gibson County } John S. Kiley Clerk of the Gibson County Court do hereby Seal Michael H. Milton and David Durand Esqrs whose names and official seals is affixed to the without certificate is and was at the time of signing sealing the same acting Justices of the peace in and for said County. and as faith is and ought to be given to all their official acts. as such
In testimony whereof I have set my hand and affixed the seal of my office at Princeton this 5th day of Decr. AD 1833.
John S. Kiley Clerk

State of Indiana Be it remembered that personally Gibson County appeared before us Michael H. Morton and Dutcher in and the justice of the peace of Lake County Charles Fullerton & A. L. Evans and being duly sworn agreeable to law says that they have been long acquainted with James H. Gerrald of Lake County and they believe him to be a man of Respectability and a man of Truth
A. L. Evans
Chas. Fullerton
We certify that the above affidavit was sworn to before us this 3 rd Day of December 1833 witness our hands & seals
M. H. Morton Dutcher in and

Cincinnati Ky June 26
See
To the Postmaster At Hardinsville Shelby County State of Kentucky